Research On Public Rental Housing Lessee's Objection Right In Rescission Of Lease Contract

"Hard to quit" which affected the realization of public housing policy objectives seriously,has become the main problem of public housing institutionalized management.This problem needs to be solved by the lessor discharging the public rental housing lease contract.In this sense,the essence of quitting using public rental housing is the rescission of the public rental housing lease contract.However,the rescission of public rental housing lease contract will lead the lessee to lose the basic housing security.Therefore,the objection right should be given to the lessee to limit,amend or eliminate the lessor rescission right for the seek of keeping public rental housing lease contract relatively stable,in the public rental housing lease contract legal system.Under this circumstance,this thesis chooses public rental housing lessee's objection right in rescission of lease contract as the research object.The thesis,in which the justifiability,legal nature,the exercise rules and forward suggestions for the improvement of the right is fully analyzed and discussed along the logical approach from theory to regulation,can be divided into 4 chapters.The first part mainly studies the justifiability of public rental housing lessee's objection right in rescission of lease contract,which is contained in its value.As a combination of the public rental housing quitting system and objection to contract rescission system,the objection right are both with the value of the two systems,including Guaranteeing the right to adequate housing,the principle of fairness and the prohibition of abuse of rights.The second part concentrates on the legal nature of public rental housing lessee's objection right in rescission of lease contract.Although there are four theory in academia,such as non-right theory,litigation right theory,claim right theory as well as formation-defense right theory,the last one is the best choice theoretically,considering the theory logical self-consistency and coherence with jurisprudence.The third part discusses the exercise rules of public rental housing lessee's objection right in rescission of lease contract.According to the above theory,there are two ways of exercising the objection right,litigation and non-litigation.The lessee must exercise the objection right during the objection period.Otherwise,the legal effect of the objection right can't occur.The last part tries to come up with the forward suggestions for the improvement based on the previous studies.The viable proposal is framing a operable mechanism in the Measures for the Administration of Public Rental Housing to protect the objection right first,and then stipulating the objection right in the Housing Security Law.